Opinion

Spatcher v. City of Oceanside

Court
District Court, S.D. California
Filed
Feb 13, 2020
Cited by
0 cases
Authority
More cited than 19.0%

construing former 28 U.S.C. § 1915(d)

How later courts described this case

  • construing former 28 U.S.C. § 1915(d)

Written by the judges who cited it.

The opinion

1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT

9 SOUTHERN DISTRICT OF CALIFORNIA

10

11 GREGORY LEON SPATCHER, Case No.: 3:19-cv-2281-JAH-RBM

CDCR #BJ-9222,

12

ORDER: (1) DISMISSING CIVIL

Plaintiff,

13 ACTION PURSUANT TO 28 U.S.C. §

vs. 1915A(b)(1); AND (2) DENYING

14

MOTION TO PROCEED IN FORMA

15 PAUPERIS AS MOOT

CITY OF OCEANSIDE; BEATRIZ

16

GONZALES; JEFFREY BRANDT,

17 Defendants.

18

19

20

21

22 Gregory Leon Spatcher (“Plaintiff”), currently incarcerated at the California

23 Institution for Men (“CIM”) in Chino, California and proceeding pro se, has filed a civil

24 rights complaint pursuant to 42 U.S.C. § 1983. (See Compl., ECF No. 1). Plaintiff did

25 not prepay the civil filing fee required by 28 U.S.C. § 1914(a) when he filed his

26 Complaint; instead, he filed a Motion to Proceed In Forma Pauperis (“IFP”) pursuant to

27 28 U.S.C. § 1915(a) (ECF No. 2).

28 / / /

1 I. Sua Sponte Screening Pursuant to 28 U.S.C. § 1915A(b)

2 The Prison Litigation Reform Act (“PLRA”), 28 U.S.C. § 1915A, obligates the

3 Court to review complaints filed by anyone “incarcerated or detained in any facility who

4 is accused of, sentenced for, or adjudicated delinquent for, violations of criminal law or

5 the terms or conditions of parole, probation, pretrial release, or diversionary program,”

6 “as soon as practicable after docketing” and regardless of whether the prisoner prepays

7 filing fees or moves to proceed IFP. See 28 U.S.C. § 1915A(a), (c). Pursuant to this

8 provision of the PLRA, the Court is required to review prisoner complaints which “seek[]

9 redress from a governmental entity or officer or employee of a government entity,” and to

10 dismiss those, or any portion of those, which are “frivolous, malicious, or fail[] to state a

11 claim upon which relief may be granted,” or which “seek monetary relief from a

12 defendant who is immune.” 28 U.S.C. § 1915A(b)(1)-(2); Resnick v. Hayes, 213 F.3d

13 443, 446-47 (9th Cir. 2000); Hamilton v. Brown, 630 F.3d 889, 892 n.3 (9th Cir. 2011).

14 “The purpose of § 1915A is ‘to ensure that the targets of frivolous or malicious suits need

15 not bear the expense of responding.’” Nordstrom v. Ryan, 762 F.3d 903, 920 n.1 (9th Cir.

16 2014) (quoting Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680, 681 (7th Cir.

17 2012)).

18 Plaintiff’s Complaint is subject to sua sponte dismissal pursuant to 28 U.S.C.

19 § 1915A(b)(1) because it is identical and duplicative of another civil action he has filed in

20 this Court. See Spatcher v. Baird, et al., S.D. Cal. Civil Case No. 3:19cv1936-BAS-MSB

21 (“Spatcher I”). A court “‘may take notice of proceedings in other courts, both within and

22 without the federal judicial system, if those proceedings have a direct relation to matters

23 at issue.’” Bias v. Moynihan, 508 F.3d 1212, 1225 (9th Cir. 2007) (quoting Bennett v.

24 Medtronic, Inc., 285 F.3d 801, 803 n.2 (9th Cir. 2002)).

25 In Spatcher I, Plaintiff named Tri City Medical Center and the Oceanside Police

26 Department as Defendants and sought to hold them liable for his claims of inadequate

27 medical care following his arrest on May 7, 2019. See Spatcher I, Compl., ECF No. 1 at

28 5-6. Likewise, in this matter before this Court, Plaintiff names the individual police

1 || officers, along with the City of Oceanside, for alleged inadequate medical care at Tri City

2 Medical Center on May 7, 2019. (See Compl. at 3-4.) The factual allegations in both

3 ||matters are nearly identical and name some of the same Defendants. Thus, the Court

4 || finds that Plaintiffs Complaint filed in this action is duplicative of the pleading he filed

5 Spatcher I.

6 A prisoner’s complaint is considered frivolous under 28 U.S.C. § 1915A(b)(1) if it

7 |\|“merely repeats pending or previously litigated claims.” Cato v. United States, 70 F.3d

8 1103, 1105 n.2 (9th Cir. 1995) (construing former 28 U.S.C. § 1915(d)) (citations and

9 ||internal quotations omitted). Because Plaintiff has already brought the same claims

10 || presented in the instant action against the same defendants in Spatcher v. Baird, et al.,

11 □□□□□□□□□□□□□□□□□□□□□ the Court must dismiss this duplicative and subsequently filed

12 case pursuant to 28 U.S.C. § 1915A(b)(1). See Cato, 70 F.3d at 1105 n.2; Resnick,

13 || 213 F.3d at 446 n.1; see also Adams vy. Cal. Dep’t of Health Servs., 487 F.3d 684, 688-89

14 || (9th Cir. 2007) (“[I]n assessing whether the second action is duplicative of the first, we

15 ||examine whether the causes of action and relief sought, as well as the parties or privies to

16 || the action, are the same.”), overruled on other grounds by Taylor v. Sturgell, 553 U.S.

17 || 880, 904 (2008).

18 ||/II. Conclusion and Order

19 Good cause appearing, IT IS HEREBY ORDERED that this civil action is

20 || DISMISSED as duplicative pursuant to 28 U.S.C. § 1915A(b)(1).

21 IT IS FURTHER ORDERED that Plaintiff's Motion to Proceed In Forma

22 || Pauperis (ECF Doc. No. 2) is DENIED as moot and that this dismissal shall operate

23 || without prejudice. The Clerk shall close the file.

24 || IT IS SO ORDERED.

25

26 || Dated: February 13, 2020 VU

27 Yn. John A. Houston

28 Jnited States District Judge

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.